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Full-Text Articles in Housing Law

Regulating Deregulation: Why States Should Preempt Mandatory Inclusionary Housing Programs, Anna Bailey Jun 2026

Regulating Deregulation: Why States Should Preempt Mandatory Inclusionary Housing Programs, Anna Bailey

BYU Law Review

Instead of easing the housing crises that exist across the country as intended, mandatory inclusionary housing programs burden development, impeding smaller projects and stunting development that in the aggregate could alleviate housing shortages. In this Note, I argue that states should preempt local governments from imposing burdensome mandatory inclusionary housing programs because they interfere with property rights and are counterproductive in their results. The Nollan-Dolan rough proportionality test requires that land-use conditions must be related to and proportional to the problem created by the land development project. The Supreme Court’s recent holding in Sheetz v. County of El Dorado clarified …


For Every Right A Remedy: Providing A Private Right Of Action Under The Church Amendments, Brad Grisenti Jul 2025

For Every Right A Remedy: Providing A Private Right Of Action Under The Church Amendments, Brad Grisenti

BYU Law Review

In 1973, Congress responded to the U.S. Supreme Court’s Roe v. Wade decision by passing legislation known as the “Church Amendments.” The Church Amendments were designed to protect healthcare workers from being compelled by their employers to perform or participate in abortion or sterilization procedures that conflict with their moral and religious beliefs. However, the Church Amendments suffer from an enforcement problem, largely due to Congress’s failure to explicitly provide a private right of action in the text of the statute. And thus far, courts have consistently refrained from interpreting it as containing an implied private right of action. Without …


Race, Ethnicity, And Fair Housing Enforcement: A Regional Analysis, Charles S. Bullock Iii, Charles M. Lamb, Eric M. Wilk Oct 2023

Race, Ethnicity, And Fair Housing Enforcement: A Regional Analysis, Charles S. Bullock Iii, Charles M. Lamb, Eric M. Wilk

Brigham Young University Journal of Public Law

This article systematically compares how federal, state, and local civil rights agencies in the ten standard regions of the United States enforce fair housing law complaints filed by Blacks and Latinos. Specifically, it explores the extent to which regional outcomes at all three levels of government are decided favorably where, between 1989 and 2010, a racial or ethnic violation of the Fair Housing Act of 1968 or the Fair Housing Amendments Act of 1988 is alleged. The results reveal significant variations in outcomes between these groups across the country. Most importantly, the probability of an outcome favorable to the complainant …


Fha Sexual Harassment Claims: Title Vii Applications And Departures Through Caselaw And Hud’S 2016 Rule, Brittany Urness Nov 2020

Fha Sexual Harassment Claims: Title Vii Applications And Departures Through Caselaw And Hud’S 2016 Rule, Brittany Urness

Brigham Young University Journal of Public Law

No abstract provided.


A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson Apr 2014

A Home With Dignity: Domestic Violence And Property Rights, Margaret E. Johnson

BYU Law Review

This Article argues that the legal system should do more to address intimate partner violence and each party’s need for a home for several reasons. First, domestic violence is a leading cause of individual and family homelessness. Second, the struggle over rights to a shared home can increase the violence to which the woman is subjected. And third, a woman who decides to continue to live with the person who abused her receives little or no legal support, despite the evidence that this decision could most effectively reduce the violence. The legal system’s current failings result from its limited goals—achieving …


Reliance In Land Use Law, Kenneth A. Stahl Jan 2014

Reliance In Land Use Law, Kenneth A. Stahl

BYU Law Review

For generations, Americans have tapped their life savings and assumed huge amounts of debt in order to achieve the American dream of owning their own home. Though investing so heavily in a single asset is a rather risky move on its face, buyers have been induced to purchase homes by a slew of public policies, most notably zoning ordinances that buffer single-family neighborhoods against an invasion of unwanted uses. As a result, homeowners have a fairly convincing argument that they possess some sort of vested reliance interest in the existing zoning of their neighborhoods that should prevent municipal authorities from …


Monopoly—University Edition: The Case For Student Housing Independence, Jeremy Rovinsky J.D. Mar 2013

Monopoly—University Edition: The Case For Student Housing Independence, Jeremy Rovinsky J.D.

Brigham Young University Education and Law Journal

No abstract provided.


The New Progressive Property And The Low-Income Housing Conflict, Zachary Bray Nov 2012

The New Progressive Property And The Low-Income Housing Conflict, Zachary Bray

BYU Law Review

The foundation of property law has been much debated in recent years, as several scholars have sought to provide a theoretical alternative to what they call the dominant, “law-and-economics” approach to property. In place of the law-and-economics approach, these scholars advance a new theoretical approach, which I call “the new progressive property.” At its core, this new approach favors rules thought to promote the collective well-being of the larger community while ensuring that relatively disadvantaged members of society have access to certain basic resources. This Article explores the boundaries and practical implications of the new progressive property. To do so, …


The Fallacy Behind The Inflated Flats - Will Standardizing Terms Make Residential-Market Prices In China Collapse?, Tsui Tat Chee May 2012

The Fallacy Behind The Inflated Flats - Will Standardizing Terms Make Residential-Market Prices In China Collapse?, Tsui Tat Chee

Brigham Young University International Law & Management Review

No abstract provided.


Utah's New Extermination Orders, Patrick B.N. Solomon Mar 2012

Utah's New Extermination Orders, Patrick B.N. Solomon

Brigham Young University Journal of Public Law

No abstract provided.


The Role Of The Exhaustion And Ripeness Doctrines In Reasonable Accomodation Denial Suits Under The Fair Housing Amendments Act, Matt Hall Mar 2010

The Role Of The Exhaustion And Ripeness Doctrines In Reasonable Accomodation Denial Suits Under The Fair Housing Amendments Act, Matt Hall

Brigham Young University Journal of Public Law

No abstract provided.


Fair Housing And Roommates: Contesting A Presumption Of Constitutionality, Brooke Wright Dec 2009

Fair Housing And Roommates: Contesting A Presumption Of Constitutionality, Brooke Wright

BYU Law Review

No abstract provided.


Affordable Housing And Civic Participation: Two Sides Of The Same Coin, Goutam U. Jois Jul 2007

Affordable Housing And Civic Participation: Two Sides Of The Same Coin, Goutam U. Jois

Brigham Young University Journal of Public Law

No abstract provided.


Rocking The Suburbs: Incentive Zoning As A Tool To Eliminate Sprawl, J. Spencer Clark Jul 2007

Rocking The Suburbs: Incentive Zoning As A Tool To Eliminate Sprawl, J. Spencer Clark

Brigham Young University Journal of Public Law

No abstract provided.


The Public Forum Doctrine And Public Housing Authorities: Can You Say That Here?, Martin J. Rooney May 2007

The Public Forum Doctrine And Public Housing Authorities: Can You Say That Here?, Martin J. Rooney

Brigham Young University Journal of Public Law

No abstract provided.


Empty Laws Make For Empty Stomachs: Hollow Public Housing Laws In Utah And Other States Force The Nation's Poor To Choose Between Adequate Housing And Life's Other Necessities, Timothy Overton May 2007

Empty Laws Make For Empty Stomachs: Hollow Public Housing Laws In Utah And Other States Force The Nation's Poor To Choose Between Adequate Housing And Life's Other Necessities, Timothy Overton

Brigham Young University Journal of Public Law

No abstract provided.


Adopting Restatement Mortgage Subrogation Principles: Saving Billions Of Dollars For Refinancing Homeowners, Grant S. Nelson, Dale A. Whitman May 2006

Adopting Restatement Mortgage Subrogation Principles: Saving Billions Of Dollars For Refinancing Homeowners, Grant S. Nelson, Dale A. Whitman

BYU Law Review

No abstract provided.


City Of Edmonds V. Oxford House: Group Homes In The Family's Backyard, Paul Holmes Masters Mar 1997

City Of Edmonds V. Oxford House: Group Homes In The Family's Backyard, Paul Holmes Masters

Brigham Young University Journal of Public Law

No abstract provided.


Necessity Or Overkill? Regulating Residential Landlord-Tenant Relations Through The Utah Consumer Sales Practices Act, David L. Johnson Sep 1990

Necessity Or Overkill? Regulating Residential Landlord-Tenant Relations Through The Utah Consumer Sales Practices Act, David L. Johnson

BYU Law Review

No abstract provided.


Civil Rights--Housing--Relief Under Section 1982 For Blacks Exploited In Segregated Housing Markets--Clark V. Universal Builders, Inc., Robert J. Grow May 1975

Civil Rights--Housing--Relief Under Section 1982 For Blacks Exploited In Segregated Housing Markets--Clark V. Universal Builders, Inc., Robert J. Grow

BYU Law Review

No abstract provided.